AGENDA REPORT · 505 S. State Street Ann Arbor, MI 48016 December 23, 2019 FOIA Coordinator Clare Police Department 207 W Fifth St Clare, MI 48617 To whom it may concern, This is

AGENDA REPORT

TO: Mayor Pat Humphrey & Clare City Commissioners

FROM: Diane Lyon, City Clerk

DATE: January 2, 2020

RE: *Communications

For the Agenda of January 6, 2020

*Note: This is a Consent Agenda item and is considered as routine by the City Commission.

As such, this matter shall be automatically enacted by one motion with all other Consent

Agenda items unless a Commissioner or citizen requests this item be individually discussed,

in which event it shall be removed from the Consent Agenda and considered and acted upon

in its designated sequence on the approved Clare City Commission agenda of January 6,

2020.

FOIA Requests: We’ve had a number of FOIA requests recently. The requests & responses are

attached for your information.

Attachments. As noted above.

University of Michigan

Political Accountability Lab

[email protected]

505 S. State Street

Ann Arbor, MI 48016

December 23, 2019

FOIA Coordinator

Clare Police Department

207 W Fifth St

Clare, MI 48617

To whom it may concern,

This is an information request under Michigan’s Freedom of Information Act (§15.231 et seq.). We are seeking

annual records that list all property/equipment of the Clare Police Department, from 1997 to the present, obtained

through law enforcement grants or transfers from the Federal government. Specifically:

• Records of “controlled” equipment from the Law Enforcement Support Office (LESO) of the Defense

Logistics Agency under the 1033 Program. These records typically take the form of annual inventories of

all controlled property; alternatively, all records of shipments of controlled equipment received and

disposed of during the 1997-present period will fulfill this request. Note, if it requires extra labor to

separate “controlled” equipment (e.g., weapons and vehicles) from uncontrolled items (e.g., socks and

exercise equipment), records that also include uncontrolled items will fulfill this request.

• Records of any equipment purchased with anti-terrorism/preparedness grants from the Department of

Homeland Security (DHS).

We would like to receive these records as electronic documents. If the office intends to charge fees for search,

review, and duplication of records, please inform me in advance. We would also like to request a waiver of all fees

in that the disclosure of the requested information will contribute significantly to the public’s understanding of

operations of government and is therefore in the public interest. This information is not being sought for

commercial purposes.

If access to the records I am requesting will take longer than five days, please contact me with information about

when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request,

please cite each specific exemption you feel justifies the refusal to release the information and notify me of the

appeal procedures available to me under the law.

Thank you for your consideration. Please contact me if I can provide further clarification.

Sincerely,

Kenneth Lowande

Assistant Professor

University of Michigan

Political Accountability Lab

[email protected]

(734) 615-9139

mailto:[email protected]

mailto:[email protected]

1

Diane Lyon

From: [email protected] on behalf of allForms <[email protected]>

Sent: Tuesday, December 17, 2019 7:31 PM

To: administration

Subject: FOIA Form Submission from Cityofclare.org

Form Results

Name Sarah Smith

DateofBirth

Address 4747 Southwest Freeway 4th Floor

Phone 7133627128

Email [email protected]

DateTimeofIncident

CPDCompNumber

TypeofIncident

IncidentLocation

RecordsRequested

1. I request all complaints made to code enforcement regarding 202 Mary St, Clare, MI

48617 from 1.1.2016 to 12.1.2019. I request the complaints in their full original form as kept by the department (ideally in a database or Excel/.csv table if the department keeps

them as such). I request all data points the department keeps regarding code enforcement complaints, including but not limited to:

• Date of complaint • Time of complaint

• Name of person calling in • nature of complaint

• full description of complaint • caller’s address

• responding code enforcement officer • any resulting code violation notices

• any correspondence between the department and the property owner/manager

I request the records in electronic form. If you have any questions, please reach out at

[email protected]

InspectOrCopy Copying

Submit Submit

More Information about this submission and submitter

Submission ID 11301491

Date & Time 17th Dec 2019 7:30 PM

Form Location http://www.cityofclare.org/government/dept/foiasubmit.html

IP Address 38.140.188.146

Browser info Mozilla/5.0 (Windows NT 10.0; Win64; x64; rv:71.0) Gecko/20100101 Firefox/71.0

Predicted Country --

The City of Clare is an Equal Opportunity Provider and Employer FOIA 10 Day Extension Revised 07/01/15

FREEDOM OF INFORMATION ACT NOTICE OF 10-DAY EXTENSION

Dated: December 18, 2019

Sarah Smith Houston Chronicle 4747 Southwest Freeway, 4th Floor Houston, TX 77027

Phone (713) 362-7128 [email protected]

12.18.19 FOIA #1- Public Records Requested: 1. I request all complaints made to code enforcement

regarding 202 Mary St, Clare, MI 48617 from 1.1.2016 to 12.1.2019. I request the complaints in their full original form as kept by the department (ideally in a database or Excel/.csv table if the department keeps them as such). I request all data points the department keeps regarding code enforcement complaints, including but not limited to: • Date of complaint • Time of complaint • Name of person calling in • nature of complaint • full description of complaint • caller’s address • responding code enforcement officer • any resulting code violation notices • any correspondence between the department and the property owner/manager

We are in receipt of your request for the records noted above. An additional ten (10) business days will be required in order to process your request because the Code Enforcement Officer works only on Thursdays and Fridays and will be out for medical reasons beginning December 19, 2019.

This public body shall, therefore, on or before: January 15, 2019. (1) Grant the request; (2) Issue a written notice denying the request; or (3) Grant the request in part and issue a written notice denying the request in part.

Sincerely, Diane M. Lyon City of Clare Freedom of Information Coordinator

1

Diane Lyon



To: administration


Form Results

Name Sarah Smith

DateofBirth

Address 4747 Southwest Freeway 4th Floor

Phone 7133627128


DateTimeofIncident

CPDCompNumber

TypeofIncident

IncidentLocation

RecordsRequested

I request all building permit applications filed for and granted to 202 Mary St, Clare, MI 48617

from 1.1.2016 to 12.1.2019. I request the full permit applications with all attachments in its original form as kept by the department, including any correspondence with the

applicant.


Submit Submit





IP Address 38.140.188.146



1

Diane Lyon



To: administration


Form Results

Name Sarah Smith

DateofBirth

Address 4747 Southwest Freeway 4th Fl

Phone 7133627128


DateTimeofIncident

CPDCompNumber

TypeofIncident

IncidentLocation

RecordsRequested I request all inspections of 202 Mary St, Clare, MI 48617 Fire Department from

1.1.2016 to 12.1.2019. I request the full inspections and results in their original form as kept by the city. I request the documents in electronic form


Submit Submit





IP Address 38.140.188.146



1

Diane Lyon

From: [email protected] on behalf of Paola Aponte <[email protected]>

Sent: Tuesday, December 17, 2019 11:06 AM

To: Diane Lyon

Subject: Public Records Request

Dear Diane,

I am writing to make a public records request.

Specifically, I am requesting a copy of the postage equipment lease for the mailing equipment used at your facility listed

below:

CLARE PUBLIC WORKS DEPT

307 MAPLE ST

CLARE, MI 48617

I believe it may be Pitney Bowes equipment. If so, the lease agreement would be with Pitney Bowes Global Financial.

If your equipment was purchased, please send a copy of the purchase agreement for the owned equipment.

Thank you in advance for helping me with this request.

Sincerely,

Paola Aponte

[email protected]

(203) 301-3944

Neopost

478 Wheelers Farms Road

Milford, CT 06461

The City of Clare is an Equal Opportunity Provider and Employer

FOIA Denial Revised 07/01/15

DENIAL OF REQUEST FOR

PUBLIC RECORD

December 18, 2019

Paola Aponte

478 Wheelers Farms Road

Milford, CT 06461


Phone (203) 301-3944

Copy of postage equipment lease for the mailing equipment used at Clare Public Works Dept., 307 Maple

Street, Clare, MI 48617 NOTICE: This correspondence constitutes a certification that the public records, as indicated, do not

exist. You have the right to appeal this denial to the City Manager in writing that specifically states the

word "APPEAL" and indicates the reason or reasons for reversal of the denial, or seek judicial review in

the Circuit Court within 180 days of a final determination to deny a request. If the Court determines a

public record is not exempt from disclosure, it shall order its release or production. The burden of proof in

Court is on the public body. If the Court determines that the public body has been arbitrary and capricious

in not disclosing a public record, it may award, in addition to actual and compensatory damages, punitive

damages not exceeding $500.00

The City of Clare’s FOIA Procedures and Guidelines and Summary are available for review on our

website at www.cityofclare.org.

If your FOIA request has been denied in whole or in part, you may do one of the following at your option:

(1) Commence an action in the circuit court to compel disclosure of the public records or information

within 180 days after the governmental unit’s final determination to deny your request. If the circuit

court orders disclosure of all or a portion of the public record or information, you have the right to

receive reasonable attorney’s fees, costs, and disbursements. If the circuit court determines that the

governmental unit arbitrarily and capriciously denied your request, you also have the right to receive

punitive damages in the amount of $500.00. Please see MCL 12.231 et seq. for further information on

the Freedom of Information Act.

(2) Submit to the City Manager a written appeal that specifically states the word “appeal” and identifies

the reason(s) for reversal of the denial. Your appeal should be sent to City of Clare – City Manager,

202 West Fifth Street, Clare, MI 48617-1490.

A copy of this request will be kept on file for no less than one (1) year.

Diane Lyon December 18, 2019___

Freedom of Information Coordinator Date Denial Approved

http://www.cityofclare.org/

Documents

AGENDA REPORT · 505 S. State Street Ann Arbor, MI 48016 December 23, 2019 FOIA Coordinator Clare Police Department 207 W Fifth St Clare, MI 48617 To whom it may concern, This is